Probation violation defense in Texas

Possible outcomes

• Continuing probation, sometimes with new conditions
• Extending the probation term
• Revocation and a sentence within the original range (motion to revoke)
• Adjudication and sentencing anywhere within the full range for the offense (motion to adjudicate)

If there is a warrant

Call us before you turn yourself in. Your attorney may be able to arrange a walk-through or a bond.

What are common violations?

• Technical violations: missed reporting, missed classes, unpaid fees, positive or missed drug tests, curfew or travel violations
• New law violations: a new arrest or charge while on supervision
• Failing to complete required programs, such as DWI education or a battering intervention program

What happens after the motion is filed?

1. The court usually issues a warrant (Code of Criminal Procedure 42A.751).
2. After arrest, the court may set a bond or hold the person without bond, depending on the case.
3. The judge holds a hearing. There is no jury, and the State must prove a violation by a preponderance of the evidence.
4. The judge decides whether to continue, modify, revoke or adjudicate.

Can the judge revoke me for not paying fees?

Inability to pay matters. When the only alleged violation is failing to pay supervision fees, court costs or the cost of appointed counsel, the State must prove by a preponderance of the evidence that the person was able to pay and did not (Code of Criminal Procedure 42A.751(i)). A separate due diligence defense applies when the alleged violation is failing to report or failing to remain within a specified place (42A.109 for deferred adjudication, 42A.756 for regular community supervision).

What happens after a motion to adjudicate is granted?

The judge can find you guilty of the original offense and assess any punishment within the full range for that offense (Code of Criminal Procedure 42A.110). That is why deferred adjudication violations can carry more risk than regular probation violations.

How are these hearings defended?

• Showing the violation did not happen, or that the State cannot prove it
• Explaining the reasons: illness, work, transportation, inability to pay
• Showing progress: treatment, employment, completed classes
• Proposing alternatives: modified conditions, treatment programs or a short sanction instead of revocation

What should I bring?

• Your probation order and conditions
• Proof of payments, classes, treatment and employment
• Any medical records or documents explaining missed appointments

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I do if there is a warrant?

• Call a lawyer before turning yourself in; a walk-through or bond may be possible.
• Keep reporting and complying with conditions if you can.
• Gather proof of your progress and the reasons for any missed condition.

Where are these cases heard in Dallas County?

People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both. For eligible adult first-time felony cases, the DA's general pretrial diversion program may be an option if the referral is made before indictment or within 120 days after it.

What is the due diligence defense?

When the alleged violation is failing to report as directed or failing to remain within a specified place, Code of Criminal Procedure 42A.109 (deferred adjudication) and 42A.756 (regular community supervision) provide an affirmative defense if the State did not contact or try to contact the defendant in person at the last known residence or job. Ask your lawyer whether this applies.

What can the judge do if a violation is found?

A finding that you violated a condition does not automatically mean jail or prison. On regular community supervision, the judge can continue or modify supervision and add conditions, such as more community service hours (Code of Criminal Procedure 42A.752), or extend the supervision period for good cause, though a felony supervision period cannot exceed 10 years in total (42A.753). If supervision is revoked, the judge can impose the original sentence or reduce the term of confinement to any term not below the minimum for the offense (42A.755).

Is deferred adjudication different?

Yes. On deferred adjudication, no finding of guilt has been entered. If the judge adjudicates guilt, the case continues as if adjudication had never been deferred, including punishment (42A.110), so the full range for the offense is available. That is why a motion to adjudicate on a felony deferred can carry far more risk than the original plea agreement suggested.

Can an arrest on a probation warrant be expunged?

No. Code of Criminal Procedure 55A.153 provides that records of an arrest made on a warrant issued under article 42A.751(b) cannot be expunged. Your underlying case may still have other options, such as nondisclosure after a completed deferred adjudication, depending on the offense.

How long can a misdemeanor probation be extended?

A misdemeanor supervision period generally cannot exceed three years in total, even after extensions (Code of Criminal Procedure 42A.753(a)). Article 42A.753(b) allows up to two more years in a misdemeanor case in limited situations, such as when the person has not paid a previously assessed fine, cost or restitution. Knowing these limits helps you weigh an offered extension against the risk of a contested hearing.

Free consultation

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or, in Spanish, (214) 880-6293. Phones and chat are answered 24/7, with AI covering when no staff is free.